Answer: Federal law does not require a written procedure on confidentiality for McKinney-Vento students. However, if your state department has listed that on their monitoring tool, the state is requiring it. Sometimes states will require written procedures or other steps that technically may not be required by federal law, because the state feels it is the best or only way to ensure good compliance. So if the state is asking for procedures, I think you do need to have written procedures available to show them.
We will be audited this year by the State Department and one of the criteria we need to submit evidence for is: “Written procedures that ensure confidentiality of homeless children and youth’s living situation and their educational records.” Everyone is FERPA trained, but do we need procedures additionally?
Sep 10, 2018 | Q and A